will decide when it is in recess, not the president of the united states. so if senators go home at 5:00 at night and come back at 7:00 the next morning, that's not recess. if they go home for thanksgiving, that's not recess. it's only when they shut down and stop their business like at christmastime. that's the recess. >>brian: the best example during the bush years was ambassador bolton. wasn't going to get passed, the senate goes on recess, the senate puts him forward, he goes on for two years. >> as much as we like and respect john bolton his nomination would have been invalid. the vacancy says the nomination must arise during the recess and filled during the recess. >>brian: how outrageous is it, we go by the rulings to have the white house ignore the rulings? why don't we start ignoring the white house? >> that is a very serious issue. the national labor relations board does not have a valid number of people on it. therefore, everything they have done with these two people on it, everything they continue to do is invalid and the white house is doing n